On Tuesday, a lawyer for prison officials told the 1st U.S. Circuit Court of Appeals that Wolf’s ruling expands the Constitution’s protection against cruel and unusual punishment to “new heights.” He says Kosilek has received adequate treatment for gender-identity disorder, including female hormone treatments and laser hair removal.

Kosilek’s lawyer Frances Cohen said Kosilek suffers mental anguish and that surgery is the only adequate treatment.

“She has suffered for a long time with a debilitating medical condition. And this is the surgery that everyone agrees, and the Department of Corrections medical team also agreed would bring her relief and ameliorate her daily suffering,” Cohen said.

Kosilek was born a man and was convicted in the murder of wife Cheryl Kosilek.